Browse Forums General Discussion Cancelling building contract due to under valuation? 2Mar 15, 2016 3:38 pm Have you signed an actual contract and if so, what does the clause about cancellation say? Seems like they're being fairly unscrupulous asking you to ignore the contract by paying money outside of it so why should they rely on it now? Sounds ******* as, I think you missed a bullet there. Custom knockdown rebuild Newcastle NSW viewtopic.php?t=78271 Re: Cancelling building contract due to under valuation? 3Mar 15, 2016 8:02 pm You'll probably find in the fine print of the prelim contract / deposit you paid of $2k they are totally within their rights to invoice you for the value of work (time and effort) put in to the point you pull out. As unfortunate as that is for you. Re: Cancelling building contract due to under valuation? 4Mar 15, 2016 8:09 pm Beazley77 You'll probably find in the fine print of the prelim contract / deposit you paid of $2k they are totally within their rights to invoice you for the value of work (time and effort) put in to the point you pull out. As unfortunate as that is for you. Maybe, but they were willing to ask for payment off the contract in order to deceive the bank. The cost recovery only came after the op refused to do as such. If they keep going I'd put that in a firmly worded letter from my solicitor and I doubt you'd hear from them again. Custom knockdown rebuild Newcastle NSW viewtopic.php?t=78271 Re: Cancelling building contract due to under valuation? 5Mar 15, 2016 8:16 pm Even so, you shouldn't lose anything they haven't paid out. For example, you will need to pay for soil tests if they have done them as agreed with you (though you should be able to get copies as you have paid for them). But you shouldn't be paying for the time of their sales people. That's a cost of doing business. Ask for an itemised account if they pressure you. Re: Cancelling building contract due to under valuation? 6Mar 15, 2016 9:22 pm Just a stupid question - was the contract subject to finance? If so and the finance was refused which appears to be the case - then the terms of the contract haven't been met. <!-- l --><a class="postlink-local" href="https://forum.homeone.com.au/viewtopic.php?t=62083">viewtopic.php?t=62083</a><!-- l --> Re: Cancelling building contract due to under valuation? 7Mar 16, 2016 7:07 pm If you engage a lawyer chances are it will end up costing an awful lot either way. What they invoice for isn't sales. Singing PPA you're beyond that. It's their consultants, pre start, any site survey or soil testing etc. I'd go back and carefully check wording in what you signed and forget about what was "said". Maybe even do before you speak to your lawyer so you don't have to pay them to do that for you. Cancelling building contract due to under valuation? 8Mar 16, 2016 9:35 pm Beazley77 If you engage a lawyer chances are it will end up costing an awful lot either way. What they invoice for isn't sales. Singing PPA you're beyond that. It's their consultants, pre start, any site survey or soil testing etc. I'd go back and carefully check wording in what you signed and forget about what was "said". Maybe even do before you speak to your lawyer so you don't have to pay them to do that for you. Yeah that's true, though it's something a longstanding one might give advice on without charging or a min cost to have their junior write up. You're totally right though no point doing it if not needed but if they get nasty. Custom knockdown rebuild Newcastle NSW viewtopic.php?t=78271 Re: Cancelling building contract due to under valuation? 9Mar 18, 2016 12:47 pm when i first choose a builder i choose a block of land that was in the end a piece of crap by the end and the council wouldn't let me build the house i wanted on there they wanted it split level retaining walls moved up here and down there ect wasnt worth my time continuing in the end i was stung for 7grand to cancel the contract which i dutifully paid as money comes and goes stress and worry isnt worth it now the second time i have a great house on good land all came in under budget so was really a blessing in disguise i haven't thanked the council for being stubborn and unhelpfully but they really helping me out in the end. Why isn't Darbecca advising you? You could go through the whole process and find that VBA merely reprimands the builder. You now have not enough money left on the contract… 1 1704 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 17446 Building Standards; Getting It Right! There doesn't look to be any rebate in the slab to prevent water from scooting under the window. AS4654 is the Australian standard to look at/refer to. They have… 1 11052 |